As the legal profession adjusts to practice in a pandemic, there have been numerous legal ethics questions posed and various guidelines presented.
The state bar associations are adapting their websites to provide both information and guidance. . Here’s just a few examples that reflect the wide variety of legal ethics issues that may arise for lawyers and some of the guidance provided. Although the suggestions may be state specific, they seem to have universal application.
On April 10th, The Pennsylvania Bar issued an ethics advisory opinion that primarily discusses the ethical use of technology in the context of COVID-19 and remote working from home. Bob Ambrogi’s article at lawsitesblog provides the opinion and an excellent summary. The Pennsylvania opinion is a terrific compilation of many of the tech issues that have been pre-pandemic explored and also emphasizes the need for civility and professionalism.
- What concerns should I have about supporting the justice system during COVID-19?
- What can I do now to prepare, in case I get sick or have to self-isolate?
- I’m concerned about exposure to COVID-19 so I’d prefer not to go to court or have face to face contact, but I also need to represent my clients. What can I do ethically?
- I’m sick and it could be COVID-19 or I need to self-isolate. What are my ethical duties?
The Florida Bar has also provided an email that is being monitored for ethics questions arising in connection with COVID-19.
The New York City Bar Association (NYCBA) is recommending an amendment to another aspect of the legal ethics rules that generally prohibits lawyers from providing financial assistance to clients. In fact, the NYCBA recently sent a letter to New York State’s Chief Judge and the Presiding Justices of the Appellate Divisions of New York State’s Supreme Court, urging the adoption of an amendment that would create a “humanitarian exception” to New York’s current Rule 1.8(e) of the New York Rules of Professional Conduct. New York’s rule is similar to rules in most other states. The letter states:
“As the Court is well aware, New Yorkers are experiencing severe financial consequences as a result of the COVID-19 pandemic… In addition, lawyers throughout the State have answered the call to provide pro bono assistance to those dealing with the repercussions of the pandemic. But these same lawyers, who may wish to provide basic financial assistance to indigent clients – such as money for groceries, clothes or medical supplies – would be prohibited from doing so under the current ethics rules. The proposed humanitarian exception to Rule 1.8(e) would allow lawyers to provide much needed financial assistance to those in need during this unprecedented time.”
These three examples are just highlights of the ethics issues arising under COVID-19 and the many challenges with which the legal profession is now confronted. No doubt, there will be other issues arising as we all work through this unprecedented situation.
Stay tuned and stay safe!
